In these slides, I give an overview of advertising when it comes to law and policy. I will discuss its growth and regulations over time through examples of cases and law reviews.

1. Advertising Law and Policy:
An Analysis of Growth and Regulation
By Alyse Mancino

2. Brief History
• Beginning of First Amendment Protection of advertising began
decades ago
• Rapidly escalating advertising techniques
• Social media advertisements collecting more consumer data

3. Recent Law Cases
• Taboola v. Ezoic (2019)
• Digital advertising company accusations against internet advertisement
platform provider
• Disputes against contract breaches and contractual obligations being
broken
• Facebook Data Scandal
• Storing and providing consumer’s data to other companies without the
permission of the user

4. Recent Law Cases
• Veera v. Banana Republic
• Deceptive advertising of sale
• Items that were said to be on sale rang up to not apply for the discount
• Customers felt they had been deceived into walking into the store with
the idea that items were on sale only to have them sold at full price

5. Law Review Analysis
• Advertisements have become more intrusive by advances in
technology (Waller, Heidtke, & Stewart, 2014, p 346).
• Decreased number of in-store shoppers = increased number of
online ads
• With increased online ads come more misleading information
• The First Amendment isn’t likely to protect advertisements that
mislead or are deceptive to the consumer

6. First Amendment or Statute Law Conclusions
• Advertisements are a vital part of the economy
• Technology is increasing the use of internet advertisements
• There are positives and negatives to this new development
• The “Central Hudson” Test is still used to regulate and analyze
commercial speech

7. Overall Conclusion
• Not all advertising is negative
• It can allow brands and companies to build relationships with
their consumers
• Regulations are overall put in place to protect consumers and
even companies from being deceived by false advertising